VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00749 Package ID: USCOURTS-cofc-1_25-vv-00749 Petitioner: Dawn Peer Filed: 2025-04-30 Decided: 2025-11-14 Vaccine: influenza Vaccination date: 2022-09-27 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On April 30, 2025, Dawn Peer filed a petition alleging that an influenza vaccination administered on September 27, 2022 caused a right shoulder injury related to vaccine administration. She alleged that the vaccine was given in the United States, that the injury lasted more than six months, and that no other action or compensation had been received for the injury. Respondent conceded entitlement in a Rule 4(c) report. The concession stated that Ms. Peer had no prior right-shoulder pain, inflammation, or dysfunction; that pain occurred within forty-eight hours after an intramuscular vaccination; that pain and decreased range of motion were limited to the vaccinated shoulder; and that no other condition had been identified to explain the shoulder pain. Respondent also agreed that the residual effects lasted more than six months and that the legal prerequisites were met. Chief Special Master Brian H. Corcoran found Ms. Peer entitled to compensation on November 14, 2025. Damages remain pending. Ms. Peer was represented by LeeAnne Pedrick of Maglio Christopher & Toale, PA. Theory of causation field: Adult petitioner; influenza vaccine September 27, 2022; right Table SIRVA. ENTITLEMENT GRANTED, damages pending. Respondent conceded no prior right-shoulder dysfunction, pain within 48 hours, pain/decreased ROM limited to vaccinated shoulder, no other explanatory condition, six-month severity, and legal prerequisites. SM Corcoran November 14, 2025. Petition filed April 30, 2025. Attorney: LeeAnne Pedrick. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00749-0 Date issued/filed: 2025-12-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/14/2025) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00749-UNJ Document 21 Filed 12/16/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0749V DAWN PEER, Chief Special Master Corcoran Petitioner, Filed: November 14, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. LeeAnne Pedrick, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 30, 2025, Dawn Peer filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza vaccine received on September 27, 2022. Petition at 1-8. Petitioner further alleges that the vaccine was administered in the United States, she suffered injuries lasting more than six months, and neither Petitioner, nor any other party, has ever brought an action or received compensation for Petitioner’s vaccine-related injuries. Petition at ¶¶ 1, 24, 26, 27. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:25-vv-00749-UNJ Document 21 Filed 12/16/25 Page 2 of 2 On November 10, 2025, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table in that “petitioner had no history of pain, inflammation, or dysfunction in her right shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and decreased ROM were limited to the shoulder in which the vaccination was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 5. Respondent further agrees that the records demonstrate that Petitioner suffered residual effects of her condition for more than six months and has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2